(a) Any vacancy in the office of State Senator or member of
the House of Delegates shall be filled by appointment by the
Governor, from a list of three legally qualified persons submitted
by the party executive committee of the party with which the person
holding the office immediately preceding the vacancy was
affiliated. The list of qualified persons to fill the vacancy
shall be submitted to the Governor within fifteen days after the
vacancy occurs and the Governor shall duly make his or her
appointment to fill the vacancy from the list of legally qualified
persons within five days after the list is received. If the list
is not submitted to the Governor within the fifteen-day period, the
Governor shall appoint within five days thereafter a legally
qualified person of the same political party as the person vacating
the office.

(b) In the case of a member of the House of Delegates, the
list shall be submitted by the party executive committee of the
delegate district in which the vacating member resided at the time
of his or her election or appointment. The appointment to fill a
vacancy in the House of Delegates is for the unexpired term.

(c) In the case of a State Senator, the list shall be
submitted by the party executive committee of the state senatorial
district in which the vacating senator resided at the time of his
or her election or appointment. The appointment to fill a vacancy
in the State Senate is for the unexpired term, unless section one of this article requires a subsequent election to fill the
remainder of the term, which shall follow the procedure set forth
in section one of this article.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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